Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Georgia Eagle Media, Inc  )

   ) File No.: EB-FIELDSCR-13-00008883

   Licensee of Station WRWR-FM  )

   Cochran, GA ) NOV No.: V201332480017


   Licensee of Station WNNG-FM  ) Facility IDs: 26626, 15309

   Unadilla, GA )



                              NOTICE OF VIOLATION

   Released: July 1, 2013

   By the District Director, Atlanta Office, South Central Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Georgia Eagle Media, Inc.,
       licensee of radio Stations WRWR-FM and WNNG-FM, located in Cochran and
       Unadilla, Georgia, respectively.   Pursuant to Section 1.89(a) of the
       Rules, issuance of this Notice does not preclude the Enforcement
       Bureau from further action if warranted, including issuing a Notice of
       Apparent Liability for Forfeiture for the violation(s) noted herein.^

    2. On May 23, 2013, an agent of the Enforcement Bureau's Atlanta Office
       inspected the co-located main studio of Stations WRWR-FM and WNNG-FM,
       and observed the following violation(s):

     a. 47 C.F.R. S 47 C.F.R. S 11.56: "Obligation to process [Common
        Alerting Protocol] CAP-formatted EAS messages. (a) On or by June 30,
        2012, EAS Participants must have deployed operational equipment that
        is capable of the following: (1) Acquiring EAS alert messages in
        accordance with the monitoring requirements in S11.52(d)(2); (2)
        Converting EAS alert messages that have been formatted pursuant to
        the Organization for the Advancement of Structured Information
        Standards (OASIS) Common Alerting Protocol..." During the inspection,
        Station WRWR-FM did not have the required CAP-formatted EAS equipment

     b. 47 C.F.R. S 11.52 (d): "EAS Participants must comply with the
        following monitoring requirements: (1) With respect to monitoring for
        EAS messages that are formatted in accordance with the EAS Protocol,
        EAS Participants must monitor two EAS sources. The monitoring
        assignments of each broadcast station and cable system and wireless
        cable system are specified in the State EAS Plan and FCC Mapbook."
        During the inspection, Station WRWR-FM was only monitoring one EAS

     c. 47 C.F.R. S 73.3526(e)(12): "Radio issues/programs lists. For
        commercial AM and FM broadcast stations, every three months a list of
        programs that have provided the station's most significant treatment
        of community issues during the preceding three month period. The list
        for each calendar quarter is to be filed by the tenth day of the
        succeeding calendar quarter (e.g., January 10 for the quarter
        October-December, April 10 for the quarter January-March, etc.). The
        list shall include a brief narrative describing what issues were
        given significant treatment and the programming that provided this
        treatment. The description of the programs shall include, but shall
        not be limited to, the time, date, duration, and title of each
        program in which the issue was treated." During the inspection,
        Stations WRWR-FM and WNNG-FM were missing issues/programs lists for
        the 1^st quarter of 2013 and the 3^rd and 4^th quarters of 2012.

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its licensees. We also must investigate
       violations of other rules that apply to broadcast licensees.

    4. Pursuant to Section 308(b)  of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Georgia Eagle Media, Inc. must submit a written statement
       concerning this matter within twenty (20) days of release of this
       Notice. The response (i) must fully explain each violation, including
       all relevant surrounding facts and circumstances, (ii) must contain a
       statement of the specific action(s) taken to correct each violation
       and preclude recurrence, and (iii) must include a time line for
       completion of any pending corrective action(s). The response must be
       complete in itself  and must not be abbreviated by reference to other
       communications or answers to other notices.^

    5. In accordance with Section 1.16 of the Rules, we direct Georgia Eagle
       Media, Inc.  to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of Georgia Eagle Media, Inc. with personal
       knowledge of the representations provided in Georgia Eagle Media,
       Inc.'s response, verifying the truth and accuracy of the information
       therein,^ and confirming that all of the information requested by this
       Notice which is in the licensee's  possession, custody, control, or
       knowledge has been produced. To knowingly and willfully make any false
       statement or conceal any material fact in reply to this Notice is
       punishable by fine or imprisonment under Title 18 of the U.S. Code.^

    6. All replies and documentation sent in response to this Notice should
       be marked with the File No. and NOV No. specified above, and mailed to
       the following address:

   Federal Communications Commission

   Atlanta Office

   3575 Koger Blvd., Suite 320

   Duluth, GA 30096

    7. This Notice shall be sent to Georgia Eagle Media, Inc. at its address
       of record.

    8. The Privacy Act of 1974^ requires that we advise you that the
       Commission will use all relevant material information before it,
       including any information disclosed in your reply, to determine what,
       if any, enforcement action is required to ensure compliance.


   Douglas G. Miller

   District Director

   Atlanta District Office

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ Station WRWR is co-located with co-owned Station WNNG-FM. Pursuant to
   Section 11.51(l), these stations share the same EAS equipment.

   ^ 47 U.S.C. S 308(b).

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

   ^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   Federal Communications Commission


                       Federal Communications Commission